Have you or someone you know been charged with a sexual assault offence including Rape? Our Gold Coast & QLD Sexual Assault Lawyers are here to support you through this challenging time.
In the brief time that a judge or magistrate hears your matter, whether you are fighting the charge or pleading guilty, it is absolutely vital to put your best foot forward and show them who you are outside what is written on the pieces of paper in front of them.
Our team, armed with knowledge and experience in the courts get to know who you are and the circumstances that led to you being charged. Sexual assault matters can involve complex evidence including medical evidence that requires an experienced representative to interpret, often DNA evidence is open to misinterpretation which could deprive you of a valid defence. If you are seeking assistance with a sexual assault matter it is critical you reach out to an experienced lawyer and contact us today.
Sexual offences that our experienced criminal lawyers can provide defence representation for
Rape & attempted rape charges
The definition of rape includes having carnal knowledge of a person without his or her consent. Rape essentially involves penetration of another without consent. Section 350 of the Criminal Code also creates an offence for attempted rape. If you are not charged with rape there is still a possibility of a charge of attempted rape which carries a maximum penalty of 14 years imprisonment.
Possible defence strategies for rape or attempted rape on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of a rape or attempt to commit rape.
- Examine whether you have any defences available to you such as mistake of fact in relation to consent.
Sexual assault charges
Sexual assault refers to non-consensual sexual touching and can include unwanted sexualised speech or threats of sexual contact. An assault can be a sexual assault if it is accompanied by an intent to gain sexual gratification. Sexual assault carries a maximum penalty of 10 years imprisonment.
Possible defence strategies for sexual assault on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of a sexual assault.
- Examine whether you have any defences available to you such as mistake of fact in relation to consent.
Historical sexual assault charges
Allegations of historical sexual assault can be contrived and malicious. For this type of charge, legal arguments concerning the admissibility of evidence are often put to the court. However, this can be challenging and the likelihood of the matter being resolved quickly is minimal. The courts will also place a degree of consideration on the impact of the criminal justice setting on victims.
Possible defence strategies for historical sexual assault charges on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of a sexual assault under the legislation as it was at the time of the alleged offence.
Child sexual abuse charges
Child sexual abuse charges involve sexual conduct towards children below the lawful age. Child sexual abuse can carry hefty prison sentences. In Queensland, the Criminal Code prescribes some of the following offences as child sexual abuse;
- Penile penetration of a child under 16
- Indecent treatment of a child under 16
- Maintaining a sexual relationship with a child under 16, and
- Incest
Possible defence strategies for child sexual abuse on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of child sexual abuse.
- Examine whether you have any defences available to you such as mistake of fact in relation to the age of the complainant.
Child exploitation material charges
Child Exploitation Material (CEM) is considered as material likely to offend a reasonable adult, that describes or depicts a person who is a child. It can also be known as child abuse material or historically as child pornography. Additionally, CEM can be a description or representation of a person who is under the age of 16. CEM charges can range from access, possession, distribution and making of child exploitation material. These offences are serious and can carry sentences of imprisonment. It can also including using a carriage service (i.e. the internet) to access child abuse material.
Possible defence strategies for CEM charges on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the material to ensure it meets the definition of child exploitation material.
- Examine whether you have any defences available to you such as if the alleged conduct or material was:
- performed for a genuine artistic, education, legal, medical, scientific or public benefit purpose; or
- subject to a conditional cultural exemption in relation to a relevant showing; or
- a computer game, film or publication that is classified as something other than Refused Classification.
Child pornography charges
Child pornography is material considered to depict a person under 16 in a demeaning or sexually offensive way.
Child pornography includes animated or cartoon imagery. In R v Edwards [2019] QCA 15, the court held that such imagery is not harmless and that it can amount to a portrayal of child sexual abuse that is just as depraved as imagery of a real child.
It is possible to mount a defence on the basis that the material does not meet the definition of child pornography. In the New South Wales case Turner v R [2017] NSWCCA 304, it was successfully argued that the term ‘breasts’ as found in the definition of ‘private parts’ implies a degree of sexual development. The material in the possession of the alleged offender lacked the above element and as such the court found the defendant to be not guilty.
In Director of Public Prosecutions (NSW) v Annetts [2009] NSWCCA 86 it was successfully argued that the material in the defendant’s possession was not child pornography as the boys in the picture were not depicted in a sexual context.
Unlawful carnal knowledge charges
Unlawful carnal knowledge now known as unlawful penile intercourse involves engaging in penile sexual intercourse with a child under 16. The age of consent in Queensland is 16. Engaging in sexual activity with anyone under 16 is unlawful carnal knowledge. A person under the age of 16 is not permitted to engage in sexual activity regardless of consent. This offence can be aggravated if the child is under 12 years old, if the victim is a relative or if the offender is the guardian or carer of the victim.
Charges of unlawful carnal knowledge are serious, and engaging legal representation is vital. Legal representation can assist with your defence by making submissions to challenge evidence where necessary, ultimately assisting you to get the best possible outcome.
Possible defence strategies for unlawful carnal knowledge on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Did you believe on a reasonable basis that the person was at least 16 years of age?
- Examine the conduct to ensure it meets the requirements of unlawful carnal knowledge.
Child grooming charges
To be charged with child grooming, the accused must have engaged in conduct concerning a child with an intent to facilitate or procure a child to engage in a sexual act or expose a child without a legitimate reason to an indecent act. It is not limited to sexual intercourse or acts involving actual physical contact. It generally arises in circumstances where an adult engages in conduct calculated to weaken a child’s defences and/or normalise behaviour to make it easier for the adult to engage in sexual activities that without the grooming, the child would know was wrongful behaviour.
For the charge to be made out, it is not necessary to prove that the adult intended to engage in any sexual act, and it does not matter:
- that it is impossible in fact for the child to engage in the sexual act; and
- when the adult intended the child would be procured to engage in the sexual act.
It is irrelevant if the offence was to happen in QLD or anywhere else.
Possible defence strategies for child grooming on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Was there a sufficient sexual connotation?
- Examine the conduct to ensure it meets the requirements of child grooming.
Indecent act charges
The qualification of an indecent act can change from person to person. Some common examples of indecent acts include exposing yourself in public and sending nude photos of yourself. To be charged with an indecent act the prosecution must prove that the act was committed in a place that is accessible by the public as well as that the indecent act was intended to offend another person.
Defences to the charge of indecent act include arguing that the act committed was not done publicly or with intent to offend another. It is also a defence that the act was not done wilfully, if the act was done against an offender’s will, then the mental element of intention to offend another is not established.
Voyeurism charges
In Queensland, the offence commonly associated with voyeurism is legally classified under Section 227A of the Criminal Code, though it is not explicitly named “voyeurism” in legislation. This offence occurs when a person observes or visually records another person, or their genital or anal region, in circumstances where a reasonable adult would expect privacy.
The law is designed to protect individuals from unauthorised surveillance and recording, particularly in private or semi-private settings.
Example of unlawful observation or recording:
- where a person in a communal changing room may expect to be observed by others, but may not expect to be visually recorded;
- where a person who needs assistance changing or toileting may expect to be observed by a person helping but not by others; or
- where a mobile phone is used by a person to take photographs of women’s underwear under their skirts without their consent.
Possible defence strategies for voyeurism on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of observations or recordings in breach of privacy.
- Examine whether you have any defences available to you, such as consent.
Bestiality charges
Bestiality is the act of having sexual intercourse with an animal. Bestiality includes allowing an animal to have intercourse with itself for the purpose of sexual gratification, making a video or sexual entertainment. Bestiality can be committed by both men and women alike and is also considered to be animal cruelty.
Possible defence strategies for Bestiality on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of bestiality.
Sodomy and anal intercourse charges
In light of amendments to modernise Queensland criminal law, these offences are largely subsumed into existing offences such as rape and unlawful penile intercourse. However, historical examples of these offences which would capture unlawful penetration of a person’s anus could attract charges of Sodomy. Penalties can be severe and it is essential you seek legal advice immediately if faced with a charge of Sodomy.
Possible defence strategies for Sodomy on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of Sodomy?
- Is there another offence that is more appropriate?
- Should any evidence be excluded on the basis of fairness, or relevance (among other reasons)?
Incest charges
Incest involves the act of penile intercourse with another person with the knowledge that the other person is your lineal descendant, sibling, parent, grandparent, uncle, aunt, nephew or niece. It is immaterial whether the act or attempted act happened with consent of either person, or that the relationship between the two people is of a type which is half, adoptive, or step relationship.
Possible defence strategies for incest on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Is there a sufficient familial connection?
- Examine whether you have any defences available to you, such as:
- that you were acting under the coercion of another person; or
- with reference to a step relationship, if the step relationship first arose after the relevant persons became adults.
Procuring sexual acts through coercion charges
The charge of procuring sexual acts through coercion can be made out in several ways, such as coercion to:
- engage in a sexual act, either in Queensland or elsewhere; or
- provide, or continue to provide, commercial sexual services; or
- provide, or continue to provide, payment derived from the provision of sexual services; or
- administers to or causes another person to take a drug or other thing with intent to stupefy or overpower the person to facilitate a sexual act
For the purposes of the charge, coercion includes acts of intimidation or threats of any kind, assault, damaging property of a person, or making false representations or using false pretence or fraudulent means.
Possible defence strategies for procuring sexual acts through coercion on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of procuring sexual acts by coercion.
- Examine whether you have any defences available to you.
Distributing prohibited visual recording charges
Prohibited visual recordings are those which are made in circumstances where a reasonable adult would expect to be afforded privacy. These include recordings of a person in a private place or engaging in a private act, or recordings of a person’s genital or anal area when it is bare or covered only by underwear.
A charge under this section of the Criminal Code may be made out where a person in possession of a prohibited visual recording attempts, enters into an agreement to, or in fact:
- communicates, exhibits, sends, supplies or transmits the prohibited visual recording to someone; or
- makes the prohibited visual recording available for access by someone.
For the purposes of the charge, it is immaterial whether the prohibited visual recording was distributed to a particular person or not.
Possible defence strategies for distributing prohibited visual recordings on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of distributing prohibited visual recordings.
- Examine whether you have any defences available to you, such as mistake of consent.
Sexual abuse of a person with impairment charges
Sexual abuse of a person with impairment of the mind can take numerous forms. The Criminal Code outlines that, with respect to sexual contact with a person with impairment of the mind, it is an offence to unlawfully:
- engage in unlawful penile intercourse;
- indecently deal with;
- permit oneself to be indecently dealt with;
- expose them to an indecent act done by any person;
- without legitimate reason, wilfully expose a person to any indecent object or indecent film, videotape, audiotape, picture, photograph or printed or written matter; or
- without legitimate reason, take any indecent photograph or records, by means of any device, any indecent visual image of a person with an impairment of the mind.
The potential penalties for this offence differ depending on the alleged offence and the nature of the relationship between the parties.
Possible defence strategies for Sexual abuse of a person with an impairment of the mind on the Gold Coast & QLD
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of abuse of persons with an impairment of the mind.
- Did the person (the alleged victim) have an appropriate impairment of the mind?
- Examine whether you have any defences available to you, such as a belief on reasonable grounds that the person did not have an impairment of the mind, or that the behaviour alleged did not constitute sexual exploitation of the person with an impairment of the mind.
All other sexual offences
The Queensland and Commonwealth Criminal Codes capture other sexual offences which can include Australian citizens engaging in prohibited sexual conduct overseas. Whilst it is not practical to examine every single type of offence, rest assured, we have experience in all areas of sexual offences and the strategies needed to achieve the best possible outcome for your case.
Why choose sexual offence lawyers at Donnelly Law Group?
Extensive experience handling sexual offence cases across the Gold Coast & Queensland
We have many years of experience across all courts dealing with sexual based offences from simple to the most complex.
Local expertise
We know all local Magistrates, Judges and Prosecutors and will work with you to achieve the best possible outcome.
Personalised approach for all sex offences to help achieve the best outcome for our clients
We realise that there is so much more to your matter than the brief of evidence or what Police say you did. We take a personalised approach and learn about you and your background to tailor the legal strategy to you.
Book An Appointment.
Our legal strategy for sex offences across the Gold Coast & QLD
At Donnelly Law Group, our lawyers have extensive experience in all sexual offences across the Gold Coast and Queensland. We understand the serious nature of these charges and the impact it can have on your life. Whether you have been charged with sexual assault, indecent exposure or child pornography, Donnelly Law Group is here to provide experienced representation and support throughout the legal process.
Initial consultation
During the initial consultation our lawyers will get to know your situation, provide legal advice and explain your legal options moving forward.
Case assessment
Our experienced sexual assault lawyers will review your case, analyse evidence from the prosecution and determine the strengths/weaknesses of the case against you.
Developing a defence strategy
After reviewing your case, our lawyers will develop a clear defence strategy aimed at achieving the best possible outcome in court.
Court representation
Our lawyers are prepared, skilled and determined to relentlessly advocate on your behalf in court. We follow your instructions and ensure your defence is presented professionally before the courts.
Sexual offence FAQs.
What should I do if the police want to talk to me about a sexual offence?
You should talk to us immediately before talking to Police.
Do I need a lawyer for a sex offence charge?
Yes, you need an experienced lawyer.
When should I contact a lawyer about my sex offence charges?
The earlier the better.
Will my lawyer represent me in court?
Yes, we will.
What legislation covers sex offences in Queensland?
The Criminal Code (Qld) is the state legislation covering sexual offences under Queensland law. In certain instances, the Criminal Code Act 1995 (Commonwealth) also will apply.
What are the penalties for sex offences in Queensland?
The maximum penalties are invariably, imprisonment.
Are there any legal defences to sex offences in Queensland?
Yes, this will require analysis of your situation to determine if any apply to you.
How much does it cost to hire a sex offence lawyer from Donnelly Law Group?
We charge transparent fixed fees based on the stages your matter will need to go through in the court process.
Can Donnelly Law Group help me with sex offences outside of the Gold Coast?
Yes, we have handled matters all throughout Australia.
